Senate Bill sb1766e2

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    SB 1766                                       Second Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing exemptions from public

  4         records requirements for specified identifying

  5         information relating to local government or

  6         water management district human resource, labor

  7         relations, or employee relations directors,

  8         assistant directors, managers, or assistant

  9         managers and their spouses and children;

10         expanding the exemption for code enforcement

11         officers to include additional information and

12         to include such officers' spouses and children;

13         providing for future review and repeal;

14         providing findings of public necessity;

15         providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Paragraph (i) of subsection (3) of section

20  119.07, Florida Statutes, is amended to read:

21         119.07  Inspection, examination, and duplication of

22  records; exemptions.--

23         (3)

24         (i)1.  The home addresses, telephone numbers, social

25  security numbers, and photographs of active or former law

26  enforcement personnel, including correctional and correctional

27  probation officers, personnel of the Department of Children

28  and Family Services whose duties include the investigation of

29  abuse, neglect, exploitation, fraud, theft, or other criminal

30  activities, personnel of the Department of Health whose duties

31  are to support the investigation of child abuse or neglect,


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    SB 1766                                       Second Engrossed



  1  and personnel of the Department of Revenue or local

  2  governments whose responsibilities include revenue collection

  3  and enforcement or child support enforcement; the home

  4  addresses, telephone numbers, social security numbers,

  5  photographs, and places of employment of the spouses and

  6  children of such personnel; and the names and locations of

  7  schools and day care facilities attended by the children of

  8  such personnel are exempt from the provisions of subsection

  9  (1). The home addresses, telephone numbers, and photographs of

10  firefighters certified in compliance with s. 633.35; the home

11  addresses, telephone numbers, photographs, and places of

12  employment of the spouses and children of such firefighters;

13  and the names and locations of schools and day care facilities

14  attended by the children of such firefighters are exempt from

15  subsection (1). The home addresses and telephone numbers of

16  justices of the Supreme Court, district court of appeal

17  judges, circuit court judges, and county court judges; the

18  home addresses, telephone numbers, and places of employment of

19  the spouses and children of justices and judges; and the names

20  and locations of schools and day care facilities attended by

21  the children of justices and judges are exempt from the

22  provisions of subsection (1). The home addresses, telephone

23  numbers, social security numbers, and photographs of current

24  or former state attorneys, assistant state attorneys,

25  statewide prosecutors, or assistant statewide prosecutors; the

26  home addresses, telephone numbers, social security numbers,

27  photographs, and places of employment of the spouses and

28  children of current or former state attorneys, assistant state

29  attorneys, statewide prosecutors, or assistant statewide

30  prosecutors; and the names and locations of schools and day

31  care facilities attended by the children of current or former


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    SB 1766                                       Second Engrossed



  1  state attorneys, assistant state attorneys, statewide

  2  prosecutors, or assistant statewide prosecutors are exempt

  3  from subsection (1) and s. 24(a), Art. I of the State

  4  Constitution. The home addresses and home telephone numbers of

  5  county and municipal code inspectors and code enforcement

  6  officers are confidential and exempt from the provisions of

  7  subsection (1) and s. 24(a), Art. I of the State Constitution.

  8         2.  The home addresses, telephone numbers, social

  9  security numbers, and photographs of current or former human

10  resource, labor relations, or employee relations directors,

11  assistant directors, managers, or assistant managers of any

12  local government agency or water management district whose

13  duties include hiring and firing employees, labor contract

14  negotiation, administration, or other personnel-related

15  duties; the names, home addresses, telephone numbers, social

16  security numbers, photographs, and places of employment of the

17  spouses and children of such personnel; and the names and

18  locations of schools and day care facilities attended by the

19  children of such personnel are exempt from subsection (1) and

20  s. 24(a), Art. I of the State Constitution. This subparagraph

21  is subject to the Open Government Sunset Review Act of 1995 in

22  accordance with s. 119.15, and shall stand repealed on October

23  2, 2006, unless reviewed and saved from repeal through

24  reenactment by the Legislature.

25         3.  The home addresses, telephone numbers, social

26  security numbers, and photographs of current or former code

27  enforcement officers; the names, home addresses, telephone

28  numbers, social security numbers, photographs, and places of

29  employment of the spouses and children of such persons; and

30  the names and locations of schools and day care facilities

31  attended by the children of such persons are exempt from


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    SB 1766                                       Second Engrossed



  1  subsection (1) and s. 24(a), Art. I of the State Constitution.

  2  This subparagraph is subject to the Open Government Sunset

  3  Review Act of 1995 in accordance with s. 119.15, and shall

  4  stand repealed on October 2, 2006, unless reviewed and saved

  5  from repeal through reenactment by the Legislature.

  6         4.2.  An agency that is the custodian of the personal

  7  information specified in subparagraph 1., subparagraph 2., or

  8  subparagraph 3. and that is not the employer of the officer,

  9  employee, justice, judge, or other person specified in

10  subparagraph 1., subparagraph 2., or subparagraph 3. shall

11  maintain the confidentiality of the personal information only

12  if the officer, employee, justice, judge, other person, or

13  employing agency of the designated employee submits a written

14  request for confidentiality to the custodial agency.

15         Section 2.  The Legislature finds that the exemption

16  from public records requirements provided by this act for

17  identifying information relating to current and former human

18  resource, labor relations, or employee relations directors,

19  assistant directors, managers, or assistant managers of local

20  government agencies or water management districts and their

21  families is justified because, if such information were not

22  confidential, a human resource, labor relations, or employee

23  relations director, assistant director, manager, or assistant

24  manager or such person's family could be harmed or threatened

25  with harm by a current or former employee or a friend or

26  family member of a current or former employee.

27         Section 3.  The Legislature finds that the exemption

28  from public records requirements provided for by this act for

29  identifying information relating to current and former code

30  enforcement officers and their families is a public necessity.

31  The current exemption of names and addresses has not


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    SB 1766                                       Second Engrossed



  1  completely shielded the identities of county and municipal

  2  code enforcement officers. The responsibilities of these

  3  employees regularly take them into areas of neglect, abuse,

  4  and personal danger. Citations issued in response to

  5  violations that they encounter often lead to retribution by

  6  the offenders. Their personnel files are reviewed on numerous

  7  occasions by code violators seeking information relating to

  8  the code enforcement officers and their families. The

  9  disclosure of this personal information has led to threats,

10  acts of violence, and unwarranted risk to the officers and

11  their families.

12         Section 4.  This act shall take effect July 1, 2001.

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